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EU General Court rejects appeal against Commission contract award decision

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Daradjeet Jagpal, Solicitor at Harper Macleod LLP The EU General Court has rejected Greek company European Dynamics’ appeal against the rejection of its tender by the European Commission on the basis there had been no errors in the tender evaluation. The European Commission issued a call for tenders for content interoperability technologies for European eGovernment […]

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Scottish court ruling could influence European cross-border tendering

A major Court of Session ruling has emerged in Scotland which could influence the level of burden on procuring bodies to meet prescriptive European guidelines on tendering involving low-value regional contracts. Senior judge Lord Brailsford issued a judgment in on a public procurement case raised against Clackmannanshire Council by property refurbishment firm Sidey Ltd. The […]

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‘Abnormally low’ bids

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By Ruth McNaught, Solicitor at Harper Macleod LLP Competitive tendering is an obvious way to achieve fiscal savings for contracting authorities. But what if a tenderer submits a bid that appears to be abnormally low? Does the contracting authority have to accept it? A low bid might make a contracting authority question whether the contract […]

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Council acted irrationally and in error of law in awarding a contract

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By Daradjeet Jagpal, Solicitor, Harper Macleod LLP In Sidey Limited v Clackmannanshire Council, the Court of Session in Scotland held that Clackmannanshire Council acted irrationally and in error of law in awarding a contract. The Council issued an invitation to tender in relation to a contract to replace kitchens and bathrooms in council houses. Four […]

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European Commission Revises Guidance on Green Public Procurement

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By Daradjeet Jagpal, Solicitor, Harper Macleod LLP The European Commission has revised its guidance on green public procurement (GPP), which outlines the role and importance of green public procurement, and how environmental issues can be taken into account at each stage in the public procurement process. Green public procurement is the process by which contracting […]

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EC closes investigations into Czech defence contract

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The European Commission has today closed the case against the Czech Republic for breaching EU public procurement rules when it purchased four military transport aircraft in 2009.  The Czech authorities directly awarded the public contract without EU-wide tendering procedures. Following subsequent infringement proceedings (see IP/10/501), the Commission considered referring the Czech Republic to the EU […]

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Commission requests Greece to ensure full compliance with EU rules

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The European Commission has requested Greece to ensure full compliance with EU rules on public procurement as regards exemptions in Greek legislation for the tendering of public works.  The Commission is concerned that these exemptions allow the Greek authorities to directly award public works contracts without a transparent and competitive tender procedure.  At present, the […]

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Malta to amend its public procurement legislation

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Malta has been requested by the European Commission to amend its public procurement legislation, in particular its national review procedures concerning decisions to award public contracts.  The Commission is concerned that these rules do not conform to the Remedies Directive (2007/66/EC ), which sets out EU-wide standards to ensure rapid and effective means of redress […]

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Hossacks (A Firm of Solicitors) v The Legal Services Commission [2011] EWHC 2700 (Admin)

Neutral Citation Number: [2011] EWHC 2700 (Admin) Case No: CO/10438/2010 IN THE HIGH COURT OF JUSTICE QUEEN’S BENCH DIVISION ADMINISTRATIVE COURT Royal Courts of Justice Strand, London, WC2A 2LL 27/10/2011 B e f o r e : THE HONOURABLE MR JUSTICE BLAKE ____________________ Between: HOSSACKS (A firm of Solicitors) Claimant – and – THE LEGAL […]

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Unlawful exclusion from participation

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By Ruth McNaught, Solicitor at Harper Macleod LLP On 27 October 2011, the European Commission announced that it had requested Greece to ensure full compliance with EU rules on public procurement in relation to the purchase of an information system for the Greek Social Security Foundation (IKA), noting that if the rules were not respected, […]

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